Identifier
Created
Classification
Origin
06BUENOSAIRES798
2006-04-07 21:28:00
CONFIDENTIAL
Embassy Buenos Aires
Cable title:  

ARGENTINA: NEGOTIATING A STATUS OF FORCES

Tags:  AR KTIA MARR MOPS MASS 
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VZCZCXYZ0036
PP RUEHWEB

DE RUEHBU #0798 0972128
ZNY CCCCC ZZH
P 072128Z APR 06
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 4095
INFO RUEHBR/AMEMBASSY BRASILIA 5264
RUEHSG/AMEMBASSY SANTIAGO 5068
RUEAIIA/CIA WASHDC
RUEKJCS/CJCS WASHDC
RHMFISS/HQ USSOUTHCOM MIAMI FL
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHDC
C O N F I D E N T I A L BUENOS AIRES 000798 

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/05/2016
TAGS: AR KTIA MARR MOPS MASS
SUBJECT: ARGENTINA: NEGOTIATING A STATUS OF FORCES
AGREEMENT FOR THE UNITAS-ATLANTIC PHASE EXERCISE

REF: A. STATE 49791

B. 04 BUENOS AIRES 2167

C. 05 BUENOS AIRES 1185

Classified By: Ambassador Lino Gutierrez, Reasons 1.4(b) and (d).

C O N F I D E N T I A L BUENOS AIRES 000798

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/05/2016
TAGS: AR KTIA MARR MOPS MASS
SUBJECT: ARGENTINA: NEGOTIATING A STATUS OF FORCES
AGREEMENT FOR THE UNITAS-ATLANTIC PHASE EXERCISE

REF: A. STATE 49791

B. 04 BUENOS AIRES 2167

C. 05 BUENOS AIRES 1185

Classified By: Ambassador Lino Gutierrez, Reasons 1.4(b) and (d).


1. (U) This is an action request. Please see paragraph 5.


2. (C) POLOFF met April 4 with Minister Ricardo Boccalandro
and Counselor Paulo Cavalleri in the MFA's Office of
International Security (DIGAN) to discuss the text of the
draft diplomatic note (ref. A) on a short-term Status of
Forces Agreement (SOFA) for the November 2006 UNITAS-Atlantic
Phase Exercise.


3. (C) Cavalleri, who handles stationing issues, said that
DIGAN had submitted the proposed text to the MFA's Legal
Office for review. However, he raised two main problems; one
of substance and one of format:

A) Substance: Cavalleri said that he saw "no change in the
political climate" since our previous (informal) request for
immunities equivalent to administrative and technical status
(A&T) for military personnel associated with President Bush's
November 2005 visit to Mar del Plata during the Summit of the
Americas. Cavalleri said granting our request for A&T
immunities would be a political decision, but he predicted a
"no." Cavalleri also asked whether Brazil had granted A&T
equivalent status during the Atlantic Phase of last year's
UNITAS exercise.

B) Format: Cavalleri said that the GOA could not conclude
any type of SOFA through an exchange of diplomatic notes.
The entry of foreign troops onto Argentine territory is
governed by the Framework Law passed in 2004 (see ref. B).
That law requires the MOD to submit a proposed list of
exercises by March 1 of every year, which is then approved by
Congress. Cavalleri said that although the UNITAS exercise
had been on the MOD list, there had been no mention of U.S.
troops entering Argentine territory. (Cavalleri later asked
for confirmation on when and exactly how many U.S. military
personnel would be entering Argentina during UNITAS.)
Cavalleri said that the Framework Law allowed additional
requests to be submitted after the March 1 deadline, but that
these requests would require separate stand-alone
legislation.


4. (C) COMMENT: We do not view the format issue as a major
problem. The governing party has overwhelming control of the
Congress and can propose and pass virtually any legislation
at will. On the question of A&T immunities, however, we
expect that the GOA will offer us the exact same deal that we
received during the President's visit last November, that is,
"Functional Immunities" as defined by Article 37.3 of the
1961 Vienna Convention on Diplomatic Relations. (A full
explanation of the military immunities issue in Argentina can
be found in ref. C)


5. (C) ACTION REQUEST: Post seeks Department's guidance on
whether to ask the MFA and MOD to convert the substance of
the ref. A text into separate authorizing legislation for the
UNITAS Atlantic Phase Exercise. Post also seeks guidance on
how to respond if the GOA, as we expect, declines to grant
our request for A&T equivalent status.


6. (U) Reftels available at
http://www.state.sgov.gov/p/wha/buenosaires.< /a>


GUTIERREZ